Legal Question in Credit and Debt Law in California

California Civil action by a debt collection agency. The complaint was unverified so I filed General Denial with the court. A few months later there's a letter from the debt collectors lawyers stating they've an application 1) entry of default and 2) judgment. However, I did not at any time receive a request for admissions. What's my next move as in why did I not receive a request for admissions.


Asked on 7/22/19, 12:49 pm

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

You don't provide enough information to answer. Did you properly serve them with the General Denial? If they didn't receive the GD, they think you didn't file a response, which would result in them being entitled to a default and default judgment.

What do requests for admissions have to do with it? It is very rare for failure to respond to requests for admissions to have anything to do with entry of judgment; they are a discovery tool.

Too many missing pieces.

However, the answer to "what is my next move" is easy. If you filed and served the GD properly, their default will be denied. If you didn't, file and serve it correctly immediately. A filed and served response blocks a default. Then, if you actually don't owe the money, initiate discovery to force them to try to produce evidence that they think shows you do. If you do owe the money, either negotiate a settlement and payment plan, or if you absolutely cannot pay the debt, find a bankruptcy attorney.

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Answered on 7/23/19, 10:03 am


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